eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 124

Declaration of Colleen M. Kennedy in Support of 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Related document(s) 123 ) (Kennedy, Colleen) (Filed on 9/22/2009)

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eBay Inc. v. Digital Point Solutions, Inc. et al Doc. 124 Att. 15 Case5:08-cv-04052-JF Document124-16 Filed09/22/09 Page1 of 2 EXHIBIT 16 Dockets.Justia.com Case5:08-cv-04052-JF Document124-16 Filed09/22/09 Page2 of 2 David J. Sepanik O'Melveny & Myers LLP Two Embarcadero Center, 28thFloor San Francisco, CA 941 1I Re: Subpoena in a Civil Case to Rackspace USj Inc. Ref: eBay Inc, v. Digital Point Solutions, Inc., et al. Civil Action Number: CV-08-4052 Mr. Sepanik: I am counsel to Rackspace with regard to this matter June 16,2009 Please consider this letter as Rackspace's objections to the items requested in the Subpoena in a Civii Case to Rackspace US, Inc, served June 4) 2009. Rackspace US, Inc. objects to this request as it is overly broad and unduly burdensome in that each request seeks all documents related to Rackspace US, Inc.'s relationship with Defendants, including data which may or may not reside on our network. As such, the request is cumulative or duplicative in that the information requested can and should be obtained from another source that is more convenient. In re Malev Hungarian Airlines, 964 F2d 97, 102. Also, the request is unduly burdensome in that it seeks to have a nonparty dedicate significant manpower and cost to produce documents which may be available from a party to the dispute. Subject to and without waiving our objections, Rackspace can produce billing records and agreements between Defendants and Rackspace. Rackspace does not keep "logs," or records of session times andlor durations. As to the requests made in numbers 2 through 23, Rackspace has no documents responsive to the requests made. Sincerely, Perry Robinson ,4ssncla?eGeneral Counsel experience fanatical support" RACKSPACE US, INC. / PH: 210.312.4000 I FX: 210.31 2.4100 I WWW.RACKSPACE.COM

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